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Prasad   21 September 2020

mother-in-law claim share in sons properties

Lady husband passed away in year 2005 leaving behind his wife and only daugther as legal heirs. Her late husband has mother who is still alive and now the problem is that husband mother supports her other sons and trying grab properties hard earned by her husband. All the properties earned by lady husband are self acquired. Does late husband mother claim share in her son properties? she may not claim property but her other sons might do it thru her. Please provide some suggestions on how to handle it. Infact husband also bought property on mother-in-law husband and his other brothers too


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 4 Replies

Rajinder Goyal   21 September 2020

Hey,

From what you have written, I understood that Lady’s husband died and now her mother-in-law wants share in her husband’s property.

If she is governed under the Hindu Succession Act then under Section 8, her husband’s property will be inherited by her daughter, her, and her mother-in-law.

Her mother- in law does have a right in her husband’s property. Then afterward, if she (mother-in-law) didn’t execute a will and died intestate (without a will), her property will be inherited by her sons, daughters, and the lady’s children.

Hope this helps

Regards,

Rajinder

 

SHIRISH PAWAR, 7738990900 (Advocate)     21 September 2020

Hello,

As per Hindu Succession Act husband's wife, children, and parents are in class I legal heirs. So her mother in law is the legal heir of her husband's property having equal share as per her daughter and herself. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 September 2020

1. IF Husband has died without executing any WILL, THEN property standing in name of Husband can be legally claimed in EQUAL ratio by Husband's Mother, Wife & Children.  No other relation have any legal right to claim on deceased Husband's property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Prasad   21 September 2020

thanks this is great information. how about unregistered family arrangement? can that help in fight legally in case his brothers try to claim through the mother-in-law share in late sons property

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